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01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

10:24 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...

12:05 / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Student / Travel / Visitor
29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...

11:38 / For Employers / For Families / For Individuals / H1B / J-1 Exchange / L-1 / MurthyAudio / Nonimmigrant Family / Travel / Worker
23 Jun 2020

My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?

Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...

12:31 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

12:24 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
17 Jun 2020

My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...

08:08 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

08:04 / Citizen / Consulates / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident